clearing customs in Boston MA

[Zanshin]

Originally Posted by s/v Jedi

You can find your I94 and travel history here: https://i94.cbp.dhs.gov/I94/#/home

That was an awesome link! Thanks!

I've been asked "how many times have you been to the USA in the past x-years?" several times and always answered "many"; now I know for sure! I have a couple of pages of data in there, and whenever I sailed into the US or USVI by boat the location name is listed as "unavailable".

[s/v Jedi]

Originally Posted by Zanshin

That was an awesome link! Thanks!

I've been asked "how many times have you been to the USA in the past x-years?" several times and always answered "many"; now I know for sure! I have a couple of pages of data in there, and whenever I sailed into the US or USVI by boat the location name is listed as "unavailable".

I have five consecutive “arrived” entries without any “depart” entries in between, because they simply have no record of my departures. When I go by the CBP office for letting them know that I’m leaving, they make no attempt to record that.

At this moment I think it’s possible to depart with your sailboat from Florida, check in to the Bahamas, get their cruising permit, then after a while sail back and check in and get a cruising permit using Roam without ever leaving your marina slip. It’s all on-line and I think the Bahamas will still stamp your passport when you’re around but I have done it by email as well.

[sailingharry]

I have skimmed through this thread. It makes me embarrassed to be an American. In the last decade, I have traveled to Costa Rica, Mexico, British Virgin Islands, and Italy for pleasure by aircraft. I have traveled to Canada and France by pleasure boat. I have never in my life applied for a visa. I wish we treated other countries as well as they treat us!

[Happ]

You now have several links to customs now. I think it would be wise to contact them for definitive info before leaving. It a pain if you are missing some simple item that keeps the process simple.

[hasse_A]

This is really a mess.

We are a Swedish crew of 2 on a Swedish registered vessel.
First the formalities as I have interpreted them by reading a lot and talking to several CBP officers.

We have B1/B2 visas which the Frenchman definitely will need to have when arriving to the USA. ESTA is not possible when arriving on a private vessel for a European.
It is a very good idea to have downloaded the CBP ROAM app on your phone prior to sailing of to the USA. When arriving you enter all requested information in the ROAM app and you will receive clearance and a Cruising permit by mail unless CBP wants to meet you in person.

I will here describe our experience with CBP during the last year.
1) We came in on a commercial airline mid April 2022 and was permitted 180 days stay. I.e. we had to exit the US mid October at the latest.
2) The boat had been on the hard in the US for 2 1/2 years unexessable due to the pendemic and the Cruising Permit had thus expired.
3) When leaving the US we simply filled in a FORM-1300, signed it electronically and sent it to the CBP and got it signed by them in return and we where good to go leaving the US for Canada in July.
4) On passage we had to make a stop in Newport to pick up some spare parts. This resulted in a short stop but we needed to check in and out. 2 CBP officers come down from Providence for the procedure. We where able to do both in and out at the same time. As we did not have a Cruising Permit we had to pay $19+$19 for this. Now, you can't pay with credit card and no longer with cash. Previously cash was possible but it had to be exactly $19. A $20 bill was seen as a bribe. To pay we had to go to the post office and get 2 of $19 checks costing the $19 + a fee for each of them.
5) We left Newport and continued to Shelburne, Nova Scotia. checked in by phoning Customs and Immigration giving them passport and boat info. Easy peasy.
6) We stayed in Shelbourne for more that 2 months but made the decision to return to the US and Maine as the hurricane Fiona was scheduled to arrive a few days later. We had now been outside of the US for more than 15 days and would be able to get a new Cruising Permit.
7) We left Shlelbourne in the later part of September and arrived to Southwest Harbour, MA.
There was no problem using the ROAM app for clearance and we got a good to go for the crew and a new Cruising Permit for the boat. CBP did not need to see us in person. Had we not had the ROAM app we would have been forced to take a very expensive taxi ride to and from the CBP office in Bangor.

It seems like immigration do register every entry and departure when travelling with a commercial transporter but only the arrivals when you travel with your boat. We have several consecutive arrivals in our I-94.

One question I have not goten a trustworthy answer of is how the 180 permitted stay actually works. There has been different answers from individual CBP officers.

Lets say I have a B1/B2 visa and travel with my boat.
What if:
1) I enter the US and get a 180 days allowed stay, leave after 3 months, return to the US after 2 months, and stay 2 months. I have now exceeded the date of the 180 days given at the first entry. Have I made an overstay even though I have only been in the US for 5 months ?

If case 1) resulted in an overstay what if:
2) I enter the US on day 1, get a 180 days allowed stay. leave the next day and return on day 180 and stay until the next day. Will this also result in an overstay ? I have now exceeded the date of the 180 days given the previous entry. I have only been in the US for 4 days.

[Kelkara]

check the expiry date on your current i94 ... one day beyond that is an overstay.

[Montanan]

Make sure that each of you have been issued either a B1 [business category visa] or a B2 [tourism category visa] before you depart so as to be allowed to enter the USVI and continental USA.

When arriving by private vessel or private airplane one needs to have a B1/B2 visa. These visa are not issued to you upon arrival.

The B1/B2 visas are issued by application at the US Embassy or Consulate in the country of your nationality and will require arranging for a visa interview at their offices in Canada and France respectively.

It can take quite a long time to be scheduled for a visa appointment and to have a visa issued and sent to you.

The present wait time for a visa interview appointment is 73 days at the USA embassy in Paris. It can take weeks for the visa to be processed after the appointment.

https://travel.state.gov/content/tra...ait-times.html

https://ais.usvisa-info.com/en-fr/niv

The appointment wait time for Toronto is 643 days, Quebec is 599 days

[Montanan]

How long can I stay in the U.S. on the B-1/B-2 visa?

When you enter the U.S., a customs officer will give you authorization to stay in the U.S. for up to six months. If you’d like to stay for longer, you may be able to apply to extend this for up to one year.

How do I extend my stay on the B1 visa or B2 visa?

If you are nearing the end of your permitted stay in the U.S., then you may wish to extend it, especially since there can be future consequences if you stay in the U.S. longer than you were allowed to.

If you’re on a B-1 visa or a B-2 visa, you can request to extend your stay up to one year. To do this, you will need to file Form I-539 to extend or change your status. It’s recommended that you apply to extend your status at least 45 days before your authorized stay expires, so make sure you’re thinking ahead.

Can I work in the U.S. on a B-1 / B-2 visa?

No. While you can enter the U.S. for business purposes, you cannot work or be employed by a U.S. employer. If you’re interested in working in the U.S. for a U.S. employer, you may be interested in other visa categories, such as the H-1B visa.

How can I renew my B1 visa or B2 visa?

If you would like to renew your B-1/B-2 visa, then you will need to go through the original process. Depending on the U.S. embassy or consulate where you apply, you may be able to complete your visa renewal without the need for an interview.

Should I apply for a B-1/B-2 visa or an ESTA?

If you are a citizen of one of the 38 countries that are part of the Visa Waiver Program, then you have the option of applying for an ESTA instead of a B1 visa or B2 visa.

Both allow you to enter the U.S. for the same reasons of tourism or business, but you can apply for the ESTA online. Entering the U.S. this way only permits you to stay for up to 90 days, however, so if you would like to stay in the U.S. for travel or business purposes for longer, the B-1/B-2 visitor visa may be an option for you.

Do Canadian citizens need a B-1/B-2 visa?

For casual business or tourism travel, most Canadian citizens don’t need a visa and will automatically be admitted on a B-1 visa or B-2 visa category.

[hasse_A]

Originally Posted by Kelkara

check the expiry date on your current i94 ... one day beyond that is an overstay.

If you are correct I can never ever enter US as it in my I-94 is stated:
Admit Until Date : 10/11/2022. I.e I am not allowed to be there after this date.

This data is never deleted as I left by my private yacht.
Even though I left before this date I presume according to your statement I am not allowed on US soil after this date.

My last 3 entries in my I-94 are
1 2022-09-22 Arrival BGM
2 2022-04-12 Arrival NYC
3 2019-12-11 Departure BOS

Our departure from Virginia, our arrival and departure from Newport and our final departure beginning of October are not registered.

[Zanshin]

@hasse_A - both @sv_jediand I have numerous consecutive entry events without corresponding exit events. The CBP has always been terrible at recording departures. In the event of a problem, you just need to show that you were outside of the USA. Basically if you are not flagged as having overstayed or other condition then a re-entry without a departure is no issue. From the CBP point of view you evidently left at some time, since you are now coming back

[Kelkara]

That is the date that your old i94 is valid for ... you will be issued a new i94 when you re-enter ... However, if your previous i94 is still valid then usually you will not be issued a new one, and will just have the time remaining on the old one ... unfortunately a lot seems to be at the discretion of the immigration officer you are dealing with.

[hasse_A]

Originally Posted by Kelkara

However, if your previous i94 is still valid then usually you will not be issued a new one, and will just have the time remaining on the old one.

So that means my case number 2 above renders you an overstay.

>2) I enter the US on day 1, get a 180 days allowed stay. leave the next day and return on day 180 and stay until the next day. Will this also result in an overstay ? I have now exceeded the date of the 180 days given the previous entry. I have only been in the US for 4 days.

I can imagine lots of cases where people who travel frequently back and forth to the US not even having the faintest idea they are overstaying when the expiry date occurs a short period after they arrived .

[Montanan]

[QUOTE=hasse_A;3764961]If you are correct I can never ever enter US as it in my I-94 is stated:
Admit Until Date : 10/11/2022. I.e I am not allowed to be there after this date.

Yes, that I-94 has expired.

You will need to obtain a new I-94.

The ‘Admit Until Date’ is the date that the traveler’s immigration status expires in the U.S.

The ‘Admit Until Date’ should be used for U.S. Citizenship and Immigration Services (USCIS) or public benefits from other government agencies.

If you have overstayed a non-immigrant visa that could become very problematic as you may be deported and / or not allowed to reenter, or even jailed. No different than overstaying in the Schengen territories.


The Department of Homeland Security (DHS) issues Form I-94, the Arrival/Departure Record, to aliens who are:

Admitted to the U.S.;
Adjusting status while in the U.S.; or
Extending their stay.

All persons need a Form I-94 except U.S. citizens, returning resident aliens, aliens with immigrant visas, and most Canadian citizens visiting or in transit. Air and sea travelers will be issued I-94s during the admission process at the port of entry.

A Customs and Border Protection (CBP) officer attaches Form I-94 to the nonimmigrant visitor’s passport upon entry to the U.S. The visitor must exit the U.S. on or before the departure date stamped on the Form I-94. This is the “Admit Until Date” on the electronic Form I-94. The Form I-94 number also is known as the Departure Number or Admission Record Number.

As of April 30, 2013, most Arrival and/or Departure records are created electronically upon arrival.



It is on you to make sure that you have your departures properly recorded. Don't leave the USA without such.

How to obtain a new I-94:

Online reference link:
https://i94.cbp.dhs.gov/I94/#/apply-document


The I-94 you apply for is provisional.

To complete your I-94 application you will also need to:

Appear at a port of entry within seven days of completing this online application. If you do not appear within seven days or are not issued an I-94 for any reason, there are no refunds.
At the port of entry, submit your biometrics (if required) and complete an interview.
Please bring the documents you entered into the application with you to the port of entry.
Be prepared to show evidence of your residence, employment and/or travel plans, if asked by the U.S. Customs and Border Protection (CBP) Officer.

It costs US$6 to obtain an I-94.

[Kelkara]

Originally Posted by hasse_A

So that means my case number 2 above renders you an overstay.



>2) I enter the US on day 1, get a 180 days allowed stay. leave the next day and return on day 180 and stay until the next day. Will this also result in an overstay ? I have now exceeded the date of the 180 days given the previous entry. I have only been in the US for 4 days.



I can imagine lots of cases where people who travel frequently back and forth to the US not even having the faintest idea they are overstaying when the expiry date occurs a short period after they arrived .

Yes, and Canadian residents in particular can fall into that trap driving to and fro across the border ... A friendly immigration officer might ask if you'll be staying longer, cancel the old i94 and issue a new one ... but they don't have to, technically it is your responsibility to cancel the old one when you leave, unless you intend to keep it active (or travelling by air when the airline should cancel it automatically for you) ... bottom line, always check the date you have been admitted to, don't assume 90 or 180 days.

[Montanan]

Originally Posted by hasse_A

So that means my case number 2 above renders you an overstay.

>2) I enter the US on day 1, get a 180 days allowed stay. leave the next day and return on day 180 and stay until the next day. Will this also result in an overstay ? I have now exceeded the date of the 180 days given the previous entry. I have only been in the US for 4 days.

I can imagine lots of cases where people who travel frequently back and forth to the US not even having the faintest idea they are overstaying when the expiry date occurs a short period after they arrived .

FYI:
The majority of "illegal aliens" within the USA are people who entered the USA with proper documentation and immigration procedures but who have overstayed the entry visa. Much attention and press is given to immigrants that cross our border without proper documentation and procedure but they actually are a minority of the total non-documented alien population residing in the USA.

The Schengen visa involves a cumulative 90 days in any rolling 180 day period and that is much more difficult to keep track of than simply keeping track of an I-94 expiration date. No more difficult than reviewing the date of expiration of one's passport, which by the way, typically your passport can not expire within six months of entering the USA [or Schengen] to be allowed to enter the USA.


Note that there is also the 90 day rule to contend with.

What is 90 Day Rule?
The 90-day rule means that you cannot change your intention of staying in the USA within 90 days of entering.

Single Intent vs Dual Intent Visa
Most US visas are ‘single intent’ visas meaning that their purpose is clearly defined.

If you enter the US with a particular visa type and then file a change of status application to move over to a new visa type within the first 90 days, you are considered to have misrepresented or lied to a CBP officer at the US port of entry.

A B2 tourist visa can only be used for leisure activities in the US whereas an F1 visa can only be used to study.
There are some exceptions like the H-1B work visa which allows ‘dual-intent’.
Your intentions are doubted and DHS can send your case for fraud investigation to USCIS.

Example:

B2 Tourist to H1B Work: You use a B2 visa to enter the US and then file an H1B-COS application after 30 days to start working. This is a change of your intention of staying in the USA from a tourist visa to a work visa.

F1 [Student] marry US citizen: You use an F1 study visa to enter the US and then marry a US citizen within 60 days. This is considered a change of intent and may be investigated for marriage-based immigration fraud.
The onus of proving your genuine intentions will be on you as DHS will automatically assume that you lied at the time of entering the USA.

How to Count 90 days?
Add 90 days to your entry date mentioned on the most recent i94.

Example:

In this i94 for H4 visa holders,

The date of the first entry is mentioned as June 1, 2018. You should add 90 days to June 1 to reach 1 Sep 2018.
The Oct 1, 2019 date is the expiry date of this i94.


This isn't rock science it is simple non-immigrant visa protocols to which visitors must comply.

The B1/B2 visa requirement is more complicated than an ESTA, but arriving by private vessel induces the need for the B1/B2, [our neighbor Canadians being exempt].